Matrimonial appeals usually contest a decree; occasionally they dissolve the conflict itself. On 15 September 2026, a Division Bench of the Rajasthan High Court at Jodhpur decided D.B. Civil Miscellaneous Appeal No. 3400/2024, Saraswati v. Amit, in which the wife had challenged a decree of divorce granted to the husband on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. During the appeal, the parties went through mediation, reconciled, and jointly asked the court to restore their marriage — solemnised on 23 October 2015 — citing the welfare of their minor daughter. The court set aside the decree and restored the marriage, observing that where parties voluntarily choose reconciliation with full understanding, the law should, wherever permissible, facilitate that journey towards peace and restoration.
How the case travelled
The Family Court granted the husband a decree of divorce on 30 November 2024 on the ground of cruelty. The wife appealed. In the ordinary course, the Division Bench would have tested the decree against the evidence of cruelty — the pleadings, the instances proved, the findings of the trial judge. Instead, the appellate stage became the site of a different resolution: the parties underwent mediation, reconciled, and appeared before the court jointly seeking restoration of their marriage, expressing their wish to rebuild their family life for themselves and their minor daughter.
What the court held
The Bench of Justices Uma Shanker Vyas and Sameer Jain allowed the appeal, set aside the divorce decree and restored the marriage solemnised on 23 October 2015. The court\'s articulation deserves attention: where parties voluntarily choose reconciliation with full understanding of its meaning, the law should, wherever permissible, facilitate the journey towards peace and restoration rather than obstruct it. The child\'s welfare and the sincerity of the parties\' consent anchored the conclusion.
The jurisdictional foundation is straightforward. An appeal under Section 28 of the Hindu Marriage Act read with Section 19 of the Family Courts Act reopens the matrimonial cause; until the appeal is decided, the decree has not attained finality, and the appellate court retains full power over it — including the power to set it aside on the parties\' joint request.
The mechanics of reconciliation during appeal
1. Reference to mediation
Appellate courts routinely refer matrimonial appeals to mediation. The statutory ethos — Section 23(2) of the Hindu Marriage Act obliges courts to attempt reconciliation where possible — extends naturally to the appellate stage.
2. The settlement or reconciliation
Mediation may produce either a parting on agreed terms (often converted into mutual consent divorce) or, as here, a genuine reunion. Both outcomes are recorded and placed before the court.
3. Judicial verification
The court satisfies itself that the decision is voluntary and informed — typically through the parties\' personal presence and statements — before moulding the decree accordingly.
4. The order
Where the parties reunite, the appeal is allowed and the decree set aside, restoring the marital status ab initio; connected proceedings (maintenance, custody, criminal cases) are closed or adjusted in terms of the reconciliation.
Points of caution
Two practical notes travel with this decision. First, reconciliation should be comprehensive: if maintenance, dowry-return or criminal proceedings are pending between the parties or their families, the reunion should expressly address them, or they will linger as fault lines. Second, the finality principle cuts both ways — a spouse holding a divorce decree who wishes to remarry must wait out the appeal period under Section 15 of the Hindu Marriage Act, because an appellate reversal of the decree, whether on merits or on reconciliation, restores the first marriage.
For Delhi practitioners, the case is a useful, current illustration for appeals before the High Court of Delhi from the Family Courts: the appellate forum is not merely a court of error-correction in matrimonial causes; it is the last institutional space where the marriage itself can still be saved, and courts will use it for that purpose when the parties genuinely ask.
This article is for general information only and is not legal advice or a solicitation.
Frequently Asked Questions
Can a divorce decree be set aside because the parties have reconciled?
Yes, while the decree is under challenge in appeal. The appellate court, seized of the matrimonial dispute under Section 28 of the Hindu Marriage Act read with Section 19 of the Family Courts Act, can set aside the decree on the parties' joint request where the reconciliation is voluntary and informed. Once the decree attains finality and a party remarries, the position changes fundamentally.
Does the appellate court have to send the parties back to the Family Court?
No. Where both parties jointly seek restoration of the marriage, no factual adjudication remains. The appellate court can allow the appeal and set aside the decree directly, giving legal effect to the reconciliation without a remand.
What weight does the child's welfare carry in such decisions?
Considerable persuasive weight. In this case the parties themselves cited their minor daughter's welfare as the reason for reuniting, and the court treated the restoration of a functioning parental home as a factor supporting the outcome. The decision, however, ultimately rests on the parties' voluntary and informed consent.
Is remarriage safe while an appeal against a divorce decree is pending?
No. Section 15 of the Hindu Marriage Act permits remarriage only when the right of appeal has been exhausted or the appeal has been dismissed. Remarriage during the pendency of an appeal is legally precarious precisely because the appellate court retains the power to set the decree aside — as this case demonstrates.